Current PERM Processing Times
Most notable is the decrease in the processing time for PERM applications – from six to four-five months for regular PERM cases. The processing time of PERM applications in audit remains unchanged compared to our prior report from a month ago. The processing times, as reported by DOL, are as follows:
- Regular processing: February 2014. DOL is processing PERM applications with priority dates of July 2014. Accordingly, regular PERM processing times should be around four to five months. There is another (welcome) improvement in the processing time for PERM cases of about one month, compared to the June 2014 report.
- Audited applications: February 2013. DOL is processing PERM audits which have a priority date (date of filing of the PERM application) of February 2013. There is change in the reported date of only one month, which means that this processing time has remain unchanged compared to the June 2014 report. Accordingly, audited PERM applications are processed approximately 17-18 months after the initial PERM was filed and the priority date established.
- Appealed applications (requests for reconsideration to the Certifying Officer): July 2014. DOL is processing PERM appeals (requests for reconsideration to the certifying officer) which were appealed in July 2014. PERM requests for reconsideration are processed within approximately a month after PERM appeal (motion for reconsideration to the Certifying Officer) is filed.
- “Government error” appealed applications. DOL has indicated that PERM appeals in this category are reviewed on a 30-45 day timeline. However, after filing an appeal, DOL does not make an indication whether a PERM appeal is accepted to be processed under the “government error” queue or under the regular appeal queue. As a result, DOL has indicated that the only way to know whether a PERM appeal has been accepted for processing under the “government error” queue is to wait for 45 days for response. If the PERM appeal is reviewed within this time, this would be an indication that a PERM appeal has been accepted (and reviewed) under the “government error” queue. If no response is received 45 days after filing of a PERM appeal, then this should be an indication that the PERM is pending under the regular appeals queue.
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